[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Proposed Rules]
[Pages 88035-88040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27966]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FF09E21000 FXES1111090FEDR245]


Endangered and Threatened Wildlife and Plants; Ten Species Not 
Warranted for Listing as Endangered or Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notification of findings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
findings that 10 species are not warranted for listing as endangered or 
threatened species under the Endangered Species Act of 1973, as amended 
(Act). After a thorough review of the best available scientific and 
commercial information, we find that it is not warranted at this time 
to list Hupp's Hill cave beetle (Pseudanophthalmus parvicollis), 
Hubbard's cave beetle (Pseudanophthalmus hubbardi), overlooked cave 
beetle (Pseudanophthalmus praetermissus), Shenandoah cave beetle 
(Pseudanophthalmus limicola), Little Kennedy cave beetle 
(Pseudanophthalmus cordicollis), Holsinger's cave beetle 
(Pseudanophthalmus holsingeri), Hubricht's cave beetle 
(Pseudanophthalmus hubrichti), silken cave beetle (Pseudanophthalmus 
sericus), Pinale[ntilde]o talussnail (Sonorella grahamensis), and San 
Xavier talussnail (Sonorella eremita). However, we ask the public to 
submit to us at any time any new information relevant to the status of 
any of the species mentioned above or their habitats.

DATES: The findings in this document were made on December 20, 2023.

ADDRESSES: Detailed descriptions of the bases for these findings are 
available on the internet at https://www.regulations.gov under the 
following docket numbers:

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                Species                             Docket No.
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Holsinger's cave beetle................  FWS-R5-ES-2023-0233
Hubbard's cave beetle..................  FWS-R5-ES-2023-0235
Hubricht's cave beetle.................  FWS-R5-ES-2023-0236
Hupp's Hill cave beetle................  FWS-R5-ES-2023-0237
Little Kennedy cave beetle.............  FWS-R5-ES-2023-0238
Overlooked cave beetle.................  FWS-R5-ES-2023-0239
Pinale[ntilde]o talussnail.............  FWS-R2-ES-2023-0240
San Xavier talussnail..................  FWS-R2-ES-2023-0241
Shenandoah cave beetle.................  FWS-R5-ES-2023-0242
Silken cave beetle.....................  FWS-R5-ES-2023-0243
------------------------------------------------------------------------

    Those descriptions are also available by contacting the appropriate 
person as specified under FOR FURTHER INFORMATION CONTACT. Please 
submit any new information, materials, comments, or questions 
concerning this finding to the appropriate person, as specified under 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: 

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                Species                        Contact Information
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Hupp's Hill cave beetle, Hubbard's cave  Cindy Schulz, Field Office
 beetle, overlooked cave beetle,          Supervisor, Virginia
 Shenandoah cave beetle, Little Kennedy   Ecological Services Field
 cave beetle, Holsinger's cave beetle,    Office, 804-654-1842,
 Hubricht's cave beetle, and silken       <a href="/cdn-cgi/l/email-protection#781b11161c01270b1b100d1402381e0f0b561f170e"><span class="__cf_email__" data-cfemail="8deee4e3e9f4d2feeee5f8e1f7cdebfafea3eae2fb">[email protected]</span></a>.
 cave beetle.
Pinale[ntilde]o talussnail and San       Heather Whitlaw, Arizona
 Xavier talussnail.                       Ecological Services Field
                                          Office Supervisor, 806-773-
                                          5932, <a href="/cdn-cgi/l/email-protection#adc5c8ccd9c5c8dff2dac5c4d9c1ccdaedcbdade83cac2db"><span class="__cf_email__" data-cfemail="b3dbd6d2c7dbd6c1ecc4dbdac7dfd2c4f3d5c4c09dd4dcc5">[email protected]</span></a>.
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    Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION:

Background

    Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we 
are required to make a finding on whether or not a petitioned action is 
warranted within 12 months after receiving any petition that we have 
determined contains substantial scientific or commercial information 
indicating that the petitioned action may be warranted (``12-month 
finding''). We must make a finding that the petitioned action is: (1) 
Not warranted; (2) warranted; or (3) warranted, but precluded by other 
listing activity. We must publish a notification of these 12-month 
findings in the Federal Register.

Summary of Information Pertaining to the Five Factors

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations at part 424 of title 50 of the Code of Federal Regulations 
(50 CFR part 424) set forth procedures for adding species to, removing 
species from, or reclassifying species on the Lists of Endangered and 
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as 
including any subspecies of fish or wildlife or plants, and any 
distinct population segment of any species of vertebrate fish or 
wildlife which interbreeds when mature. The Act defines ``endangered 
species'' as any species that is in danger of extinction throughout all 
or a significant portion of its range (16 U.S.C. 1532(6)), and 
``threatened species'' as any species that is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range (16 U.S.C. 1532(20)). Under section 
4(a)(1) of the Act, a species may be determined to be an endangered

[[Page 88036]]

species or a threatened species because of any of the following five 
factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself. However, the mere 
identification of any threat(s) does not necessarily mean that the 
species meets the statutory definition of an ``endangered species'' or 
a ``threatened species.'' In determining whether a species meets either 
definition, we must evaluate all identified threats by considering the 
expected response by the species, and the effects of the threats--in 
light of those actions and conditions that will ameliorate the 
threats--on an individual, population, and species level. We evaluate 
each threat and its expected effects on the species, then analyze the 
cumulative effect of all of the threats on the species as a whole. We 
also consider the cumulative effect of the threats in light of those 
actions and conditions that will have positive effects on the species, 
such as any existing regulatory mechanisms or conservation efforts. The 
Secretary of the Interior determines whether the species meets the 
Act's definition of an ``endangered species'' or a ``threatened 
species'' only after conducting this cumulative analysis and describing 
the expected effect on the species now and in the foreseeable future.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis. The term 
``foreseeable future'' extends only so far into the future as the 
Service can reasonably determine that both the future threats and the 
species' responses to those threats are likely. In other words, the 
foreseeable future is the period of time in which we can make reliable 
predictions. ``Reliable'' does not mean ``certain''; it means 
sufficient to provide a reasonable degree of confidence in the 
prediction. Thus, a prediction is reliable if it is reasonable to 
depend on it when making decisions.
    It is not always possible or necessary to define foreseeable future 
as a particular number of years. Analysis of the foreseeable future 
uses the best scientific and commercial data available and should 
consider the timeframes applicable to the relevant threats and to the 
species' likely responses to those threats in view of its life-history 
characteristics. Data that are typically relevant to assessing the 
species' biological response include species-specific factors such as 
lifespan, reproductive rates or productivity, certain behaviors, and 
other demographic factors.
    In conducting our evaluation of the five factors provided in 
section 4(a)(1) of the Act to determine whether the Holsinger's cave 
beetle, Hubbard's cave beetle, Hubricht's cave beetle, Hupp's Hill cave 
beetle, Little Kennedy cave beetle, overlooked cave beetle, 
Pinale[ntilde]o talussnail, San Xavier talussnail, Shenandoah cave 
beetle, or silken cave beetle meet the Act's definition of ``endangered 
species'' or ``threatened species,'' we considered and thoroughly 
evaluated the best scientific and commercial information available 
regarding the past, present, and future stressors and threats. We 
reviewed the petitions for the Hubbard's cave beetle, Hubricht's cave 
beetle, Little Kennedy cave beetle, overlooked cave beetle, 
Pinale[ntilde]o talussnail, San Xavier talussnail, Shenandoah cave 
beetle, and silken cave beetle (see the discussion below for 
information on Holsinger's and Hupp's Hill cave beetles). For all of 
these species, including the species for which we completed 
discretionary status reviews (Holsinger's and Hupp's Hill beetles), we 
reviewed information available in our files, and other available 
published and unpublished information. Our evaluation may include 
information from recognized experts; Federal, State, and Tribal 
governments; academic institutions; foreign governments; private 
entities; and other members of the public.
    In accordance with the regulations at 50 CFR 424.14(h)(2)(i), this 
document announces the not-warranted findings on petitions to list 
eight species and the discretionary status reviews of two species. We 
have also elected to include brief summaries of the analyses on which 
these findings are based. We provide the full analyses, including the 
reasons and data on which the findings are based, in the decisional 
file for each of the actions included in this document. The following 
is a description of the documents containing these analyses:
    The species assessment forms for the Holsinger's cave beetle, 
Hubbard's cave beetle, Hubricht's cave beetle, Hupp's Hill cave beetle, 
Little Kennedy cave beetle, overlooked cave beetle, Pinale[ntilde]o 
talussnail, San Xavier talussnail, Shenandoah cave beetle, and silken 
cave beetle contain more detailed biological information, a thorough 
analysis of the listing factors, a list of literature cited, and an 
explanation of why we determined that these species do not meet the 
Act's definition of an ``endangered species'' or a ``threatened 
species.'' To inform our status reviews, we completed species status 
assessment (SSA) reports for these 10 species. Each SSA report contains 
a thorough review of the taxonomy, life history, ecology, current 
status, and projected future status for each species. This supporting 
information can be found on the internet at https://www.regulations.gov 
under the appropriate docket number (see ADDRESSES, above). Our 
analyses for these decisions applied our current regulations, portions 
of which were last revised in 2019. Given that we proposed further 
revisions to these regulations on June 22, 2023 (88 FR 40764), we have 
also analyzed whether the decisions would be different if we were to 
apply those proposed revisions. We concluded that the decisions would 
have been the same if we had applied the proposed 2023 regulations. The 
analyses under both the regulations currently in effect and the 
regulations after incorporating the June 22, 2023, proposed revisions 
are included in our decision file for each action.

[[Page 88037]]

Holsinger's Cave Beetle, Hubbard's Cave Beetle, Hubricht's Cave Beetle, 
Hupp's Hill Cave Beetle, Little Kennedy Cave Beetle, Overlooked Cave 
Beetle, Shenandoah Cave Beetle, and Silken Cave Beetle

Previous Federal Actions
    On April 20, 2010, we received a petition from the Center for 
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition, 
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council, 
and West Virginia Highlands to list 404 aquatic, riparian, and wetland 
species, including 15 cave beetle species: Pseudanophthalmus hubbardi, 
Pseudanophthalmus praetermissus, Pseudanophthalmus limicola, 
Pseudanophthalmus cordicollis, Pseudanophthalmus hubrichti, 
Pseudanophthalmus sericus, Pseudanophthalmus avernus, Pseudanophthalmus 
intersectus, Pseudanophthalmus hirsutus, Pseudanophthalmus virginicus, 
Pseudanophthalmus egberti, Pseudanophthalmus pontis, Pseudanophthalmus 
sanctipauli, Pseudanophthalmus potomaca, and Pseudanophthalmus thomasi 
(referred to by the common names ``Hubbard's cave beetle,'' 
``overlooked cave beetle,'' ``Shenandoah cave beetle,'' ``Little 
Kennedy cave beetle,'' ``Hubricht's cave beetle,'' ``silken cave 
beetle,'' ``Avernus cave beetle,'' ``crossroads cave beetle,'' 
``Cumberland Gap cave beetle,'' ``Maiden Spring cave beetle,'' ``New 
River Valley cave beetle,'' ``Natural Bridge cave beetle,'' ``Saint 
Paul cave beetle,'' ``South Branch Valley cave beetle,'' and ``Thomas' 
cave beetle,'' respectively, in the petition), as endangered or 
threatened species under the Act. On September 27, 2011, we published 
in the Federal Register (76 FR 59836) a 90-day finding that the 
petition provided substantial information indicating 374 of those 
species may warrant listing, including the 15 species listed above.
    In a letter dated September 12, 2022, the petitioners withdrew 
their petition for nine of the Virginia cave beetle species, citing new 
information indicating the species no longer merit consideration for 
listing. These nine species are the Avernus cave beetle, crossroads 
cave beetle, Cumberland Gap cave beetle, Maiden Spring cave beetle, New 
River Valley cave beetle, Natural Bridge cave beetle, Saint Paul cave 
beetle, South Branch Valley cave beetle, and Thomas' cave beetle.
    This document constitutes our 12-month finding on the April 20, 
2010, petition to list Hubbard's, overlooked, Shenandoah, Little 
Kennedy, Hubricht's, and silken cave beetles under the Act. We also 
decided, as discretionary actions, to assess two additional Virginia 
cave beetle species (Pseudanophthalmus holsingeri (Holsinger's cave 
beetle) and Pseudanophthalmus parvicollis (Hupp's Hill cave beetle)) 
identified by the Service and partners as species of concern.
Summary of Finding
    The eight focal cave beetle species are found in Virginia 
throughout the Appalachian Valley and Ridge (AVR) geologically unique 
limestone formations. Uplift, erosion, and dissolution of the faulted 
and folded strata of the AVR have produced isolated belts of karst 
topography with numerous caves, where carbonate bedrock is exposed in 
the valleys and flanks of ridges capped with non-cave forming rocks.
    Cave beetles are eyeless, wingless beetles generally reddish/brown 
in color. The eight cave beetle species are insects in the Carabidae 
Family (Carabid beetles) under the Order Coleoptera. More specifically, 
they fall under the subfamily Trechinae, which includes numerous 
genera, including Pseudanophthalmus. Genus Pseudanophthalmus beetles 
(within which the eight species fall) are typically 3-9 millimeters in 
size (Service 2023, p. 2-4).
    The eight cave beetle species are troglobites, meaning they are 
obligate cave dwellers and complete all phases of their life cycle 
within caves (Service 2023, p. v). Caves are a natural opening in solid 
rock with areas of complete darkness and are larger than a few 
millimeters (mm) in diameter (Culver and Pipan 2019, pp. 4-5). Caves 
typically form in karst landscapes that are defined as areas in which 
dissolution by weak acids is the primary agent shaping the landscape, 
as opposed to erosion, volcanoes, and earthquakes (Culver and Pipan 
2019, pp. 4-5). Most solution caves form in carbonate (limestone or 
dolostone) bedrock.
    Pseudanophthalmus cave beetles typically inhabit riparian mudbanks 
and other moist areas within limestone caves (Lewis 2001a, p. 5). 
Notable habitat features where Pseudanophthalmus cave beetles have been 
collected in Virginia include mud cracks, fine silt, woody debris, 
cobbles, and rocks. It is difficult to interpret these microhabitat 
features in terms of individual needs because we know so little about 
the life history of these species. It is common for other carabid 
beetles to prefer areas where they may seek shelter (hence the 
mudcracks, rocks, cobbles, and woody debris), and it is likely, again 
based on other carabid beetles, that females lay eggs in moist silty 
areas. The combination of moisture and organic material also likely 
presents the right circumstances for their prey items to be available. 
The individual needs that seem clear are that karst environments with 
water or moisture are necessary for beetles to be present; they have 
not been observed outside of caves or in completely dry caves.
    Cave beetles are generally predatory and carnivorous, most likely 
feeding on mites, springtails, and opportunistic items, including 
beetle eggs and larvae. The primary food source of Pseudanophthalmus is 
enchytraeid and tubificid worms found associated with cave mudbanks 
(Lewis 2001a, b, and c, p. 4; Lewis 2002, p. 5). While it is not clear 
exactly what each species eats, experts are confident that they forage 
at a higher trophic level than some other cave invertebrates; they have 
not been observed associated with mammal scat like some other 
troglobites that feed on the associated bacterial and fungal growth 
(Service 2023, p. 2-5).
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the Hupp's Hill, Hubbard's, overlooked, Shenandoah, Little Kennedy, 
Holsinger's, Hubricht's, and silken cave beetles, and we evaluated all 
relevant factors under the five listing factors, including any 
regulatory mechanisms and conservation measures addressing these 
threats. The primary threats affecting the eight cave beetles' 
biological status include quarrying, commercial operations inside 
caves, and urbanization/development. These activities may alter the 
physical structure of caves and change the water table or hydrology of 
cave systems; we made the conservative assumption that compromised 
water quality and quantity may impact cave beetle species (Service 
2023, p. 4-6). We also considered potential threats of agriculture and 
timbering (Service 2023, pp. 4-2--4-3).
    Despite potential impacts from the primary threats, the best 
scientific and commercial data available indicate that the Little 
Kennedy, Shenandoah, and Hubricht's cave beetle species have maintained 
resilient populations throughout their respective ranges. This 
projection also applies to the single site-endemic species (Hupp's 
Hill, Hubbard's, Holsinger's, overlooked, and silken cave beetles), 
because, similar to Little Kennedy, Shenandoah, and Hubricht's cave 
beetles, the best available information indicates that

[[Page 88038]]

these species are projected to maintain resilient populations even 
under the projected future threats.
    The eight cave beetles' redundancy and representation are limited 
due to their narrow ranges; however, this may be similar to historical 
conditions for most of the eight species. We assume that Hupp's Hill 
cave beetle is extirpated from one location (Battlefield Crystal 
Caverns); however, the best available information indicates no 
population- or species-level threats are acting on the species at 
Ogden's location.
    Cave beetles are cryptic species that can be hard to locate within 
their habitats. Most caves likely undergo seasonal fluctuations in 
moisture that may influence the distribution of cave fauna within the 
system. The nature of caves and karst systems is such that there is 
presumed to be a large portion of area that is accessible to cave 
beetles (but not to humans), including cracks and crevices that may 
extend long distances and connect to unknown caves. We find that the 
eight cave beetle species have sufficient resiliency, redundancy, and 
representation in light of the best available potential stressor data 
and information. Thus, after assessing the best available information, 
we conclude that the eight cave beetle species (i.e., Hupp's Hill, 
Hubbard's, overlooked, Shenandoah, Little Kennedy, Holsinger's, 
Hubricht's, and silken cave beetles) are not in danger of extinction 
throughout all of their ranges.
    Next, we proceed with determining whether the eight cave beetle 
species are likely to become endangered within the foreseeable future 
throughout all of their ranges. Our evaluation is based upon analysis 
of threats and regional land-use projections for a foreseeable future 
extending out to 2070. The best available information does not indicate 
the threats will impact the species such that any of them meet the 
Act's definition of a threatened species. We expect no changes in 
redundancy or representation for any of the eight species as a result 
of future threats. After assessing the best available information, we 
conclude that the eight cave beetle species (i.e., Hupp's Hill, 
Hubbard's, overlooked, Shenandoah, Little Kennedy, Holsinger's, 
Hubricht's, and silken cave beetles) are not likely to become 
endangered within the foreseeable future throughout all of their 
ranges.
    We also evaluated whether the Hupp's Hill, Hubbard's, overlooked, 
Shenandoah, Little Kennedy, Holsinger's, Hubricht's, and silken cave 
beetles are endangered or threatened in a significant portion of their 
ranges. We did not find any portions of the Hupp's Hill, Hubbard's, 
overlooked, Shenandoah, Little Kennedy, Holsinger's, Hubricht's, and 
silken cave beetles ranges for which both (1) the portion is 
significant; and (2) the species is in danger of extinction in that 
portion, either now or within the foreseeable future. Thus, after 
assessing the best available information, we conclude that the Hupp's 
Hill, Hubbard's, overlooked, Shenandoah, Little Kennedy, Holsinger's, 
Hubricht's, and silken cave beetles are not in danger of extinction in 
a significant portion of their ranges now, or within the foreseeable 
future.
    After assessing the best available information, we conclude that 
Hupp's Hill, Hubbard's, overlooked, Shenandoah, Little Kennedy, 
Holsinger's, Hubricht's, and silken cave beetles are not in danger of 
extinction now or likely to become in danger of extinction within the 
foreseeable future throughout all of their ranges or in any significant 
portion of their ranges. Therefore, we find that listing the eight cave 
beetle species as endangered species or threatened species under the 
Act is not warranted. For each beetle species, a detailed discussion of 
the basis for this finding can be found in the species assessment form 
and other supporting documents, which are available on https://www.regulations.gov under the appropriate docket number (see ADDRESSES, 
above).
Peer Review
    In accordance with our July 1, 1994, peer review policy (59 FR 
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo 
on the Peer Review Process, we solicited independent scientific reviews 
of the information contained in the SSA report for the eight cave 
beetle species. The Service sent the SSA report to six independent peer 
reviewers and received one response. Results of this structured peer 
review process can be found at https://www.regulations.gov under the 
appropriate docket number (see ADDRESSES, above). We incorporated the 
results of these reviews, as appropriate, into the SSA report, which is 
the foundation for this finding.

Pinale[ntilde]o Talussnail and San Xavier Talussnail

Previous Federal Actions
    On June 25, 2007, the Service received a petition from Forest 
Guardians (i.e., WildEarth Guardians) requesting that we list 475 
species, including the Pinale[ntilde]o talussnail and the San Xavier 
talussnail, as endangered or threatened species and designate critical 
habitat under the Act. All 475 species occur within the Southwestern 
Region and were ranked as G1 or G1G2 species by NatureServe at the 
time. In a July 11, 2007, letter to the petitioner, the Service 
acknowledged receipt of the petition and stated that the petition was 
under review by staff in the Southwest Regional Office. On December 16, 
2009, the Service published a partial 90[hyphen]day finding for 192 of 
the species (74 FR 66866); that finding stated that the petition 
presented substantial scientific information indicating that listing 
may be warranted for 67 of the 192 species, including the 
Pinale[ntilde]o talussnail and the San Xavier talussnail.
Summary of Finding
    The Pinale[ntilde]o talussnail and San Xavier talussnail are land 
snails endemic to southeastern Arizona that reside on rocky hillsides, 
rocky washes, and talus slopes. The Pinale[ntilde]o talussnail occurs 
in the Pinale[ntilde]o Mountains on the Coronado National Forest within 
an estimated 25 square miles (64.7 square kilometers) of potentially 
suitable habitat. The San Xavier talussnail is restricted to the 
northwestern slope of White Hill in the Sonoran Desert with an 
approximate range of 1.08 acres (0.44 hectares) on private land.
    Both species require interstitial spaces in the talus for 
estivation (dormancy); dense vegetation and canopy cover; available 
food sources of fungus, lichen, decaying plant matter, and young green 
shoots; and adequate moisture. An adequate level of moisture is needed 
for the talussnails' active periods when they carry out their necessary 
life-history processes, as well as to support suitable habitat. An 
adequate level of moisture occurs when weather conditions fall within 
appropriate ranges of temperature, precipitation, relative humidity, 
and evaporation deficit. Individuals spend most of their time in 
estivation to avoid drying out or freezing during unfavorable 
conditions. The primary environmental influences are climate change and 
drought for both species, as well as wildfire and erosion for the 
Pinale[ntilde]o talussnail.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the Pinale[ntilde]o talussnail and San Xavier talussnail, and we 
evaluated all relevant factors under the five listing factors, 
including any regulatory mechanisms and conservation measures 
addressing these threats. The primary threats affecting the 
Pinale[ntilde]o talussnail's status include

[[Page 88039]]

drought and impacts from climate change, erosion, and wildfire. 
Population resiliency is dependent on a variety of climate conditions 
that influence talussnail active period, habitat quality, and habitat 
quantity. Our assessment used weather parameters to evaluate the 
talussnails' resiliency (e.g., high, moderate, or low condition) based 
on the requirements of active periods (i.e., mean daily maximum 
temperature, mean annual precipitation, mean daily maximum relative 
humidity), habitat quality (i.e., mean annual evaporation deficit), and 
habitat quantity (i.e., mean annual temperature change). Our results 
indicate that the weather parameters assessed are currently fully 
supportive of talussnail life history requirements; therefore, the 
overall current condition of Pinale[ntilde]o talussnail population 
resiliency is assessed as ``high condition.'' The species' life history 
indicates that the species is adapted to variable environmental 
conditions by spending most of its time in estivation to avoid 
desiccation or freezing during unfavorable conditions. Surveys effort 
indicated that land snail abundance estimates were unchanged due to a 
recent fire, and fuel reduction activities are ongoing. Thus, after 
assessing the best available information, we conclude that the 
Pinale[ntilde]o talussnail is not in danger of extinction throughout 
all of its range.
    Climate change impacts to mean maximum relative humidity and mean 
temperature change for the Pinale[ntilde]o talussnail are expected in 
50-year future scenarios. However, the changes are expected to be very 
small and are not expected to decrease the viability of the species 
such that the species is in danger of extinction within the foreseeable 
future. The species' life history allows it to rebound after fires and 
other historical catastrophic events like mega droughts. Additionally, 
all historical habitat for the species remains intact, and there is no 
loss of range to date. Although there is some potential for climate 
effects in the 50-year timeframe, these effects are not substantial 
enough to substantially decrease habitat conditions for the species and 
result in the species being in danger of extinction. After assessing 
the best available information, we conclude that the Pinale[ntilde]o 
talussnail is not likely to become endangered within the foreseeable 
future throughout all of its range.
    The primary threats affecting San Xavier talussnail's biological 
status include drought and impacts from climate change. The San Xavier 
talussnail's current population resiliency is on the border between 
moderate and high condition. Habitat is intact, is connected, and does 
not have any development or land-use changes nearby that would alter 
the habitat conditions at these sites, thereby contributing to the 
conservation of habitat quality into the future. The species' life 
history indicates that the species is adapted to variable environmental 
conditions by spending most of its time in estivation to avoid 
desiccation or freezing during unfavorable conditions. The most likely 
catastrophic event for the San Xavier talussnail would be the loss of 
interstitial spaces in occupied talus habitats, but this is unlikely 
due to conservation commitments in the ``2018 Strategic Conservation 
Plan for the San Xavier Talussnail in Pima, Arizona.'' Thus, after 
assessing the best available information, we conclude that the San 
Xavier talussnail is not in danger of extinction throughout all of its 
range.
    Climate change impacts to mean maximum temperature and mean 
temperature change for the San Xavier talussnail are expected in 50-
year future scenarios. However, the changes are expected to be very 
small and are not expected to decrease the viability of the species 
such that the species is in danger of extinction within the foreseeable 
future. The species' life history allows it to rebound after fires and 
other historical catastrophic events like mega droughts. Additionally, 
all historical habitat for the species remains intact, and there is no 
loss of range to date. Although there is some potential for climate 
effects in the 50-year timeframe, these effects are not substantial 
enough to substantially decrease habitat conditions for the species and 
result in the species being in danger of extinction. After assessing 
the best available information, we conclude that the San Xavier 
talussnail is not likely to become endangered within the foreseeable 
future throughout all of its range.
    We also evaluated whether the Pinale[ntilde]o talussnail and the 
San Xavier talussnail are endangered or threatened in a significant 
portion of their range. We did not find any portions of the 
Pinale[ntilde]o talussnail and the San Xavier talussnail ranges for 
which both (1) the portion is significant; and (2) the species is in 
danger of extinction in that portion, either now or within the 
foreseeable future. Thus, after assessing the best available 
information, we conclude that the Pinale[ntilde]o talussnail and the 
San Xavier talussnail are not in danger of extinction in a significant 
portion of their ranges now, or within the foreseeable future.
    After assessing the best available information, we conclude that 
the Pinale[ntilde]o talussnail and the San Xavier talussnail are not in 
danger of extinction now or likely to become in danger of extinction 
within the foreseeable future throughout all of their ranges or in any 
significant portion of their ranges. Therefore, we find that listing 
the Pinale[ntilde]o talussnail and the San Xavier talussnail as 
endangered species or threatened species under the Act is not 
warranted. A detailed discussion of the basis for this finding can be 
found in the Pinale[ntilde]o talussnail and the San Xavier talussnail 
species assessment form and other supporting documents on https://www.regulations.gov under the appropriate docket number (see ADDRESSES, 
above).
Peer Review
    In accordance with our July 1, 1994, peer review policy (59 FR 
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo 
on the Peer Review Process, we solicited independent scientific reviews 
of the information contained in the Pinale[ntilde]o talussnail and the 
San Xavier talussnail SSA report. The Service sent the SSA report to 
eight independent peer reviewers and received six responses. Results of 
this structured peer review process can be found at https://www.regulations.gov under Docket Nos. FWS-R2-ES-2023-0241 and FWS-R2-
ES-2023-0242. We incorporated the results of these reviews, as 
appropriate, into the SSA report, which is the foundation for this 
finding.

New Information

    We request that you submit any new information concerning the 
taxonomy of, biology of, ecology of, status of, or stressors to the 
Holsinger's cave beetle, Hubbard's cave beetle, Hubricht's cave beetle, 
Hupp's Hill cave beetle, Little Kennedy cave beetle, overlooked cave 
beetle, Pinale[ntilde]o talussnail, San Xavier talussnail, Shenandoah 
cave beetle, or silken cave beetle to the appropriate person, as 
specified under FOR FURTHER INFORMATION CONTACT, whenever it becomes 
available. New information will help us monitor these species and make 
appropriate decisions about their conservation and status. We encourage 
local agencies and stakeholders to continue cooperative monitoring and 
conservation efforts.

References

    A complete list of the references used in these petition findings 
is available in the relevant species assessment form, which is 
available on the internet at https://www.regulations.gov in the

[[Page 88040]]

appropriate docket (see ADDRESSES, above) and upon request from the 
appropriate person (see FOR FURTHER INFORMATION CONTACT, above).

Authors

    The primary authors of this document are the staff members of the 
Species Assessment Team, Ecological Services Program.

Signing Authority

    Martha Williams, Director of the U.S. Fish and Wildlife Service, 
approved this action on December 7, 2023, for publication. On December 
7, 2023, Martha Williams authorized the undersigned to sign the 
document electronically and submit it to the Office of the Federal 
Register for publication as an official document of the U.S. Fish and 
Wildlife Service.

Authority

    The authority for this action is section 4 of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk 
Management, and Analytics of the Joint Administrative Operations, U.S. 
Fish and Wildlife Service.
[FR Doc. 2023-27966 Filed 12-19-23; 8:45 am]
BILLING CODE 4333-15-P


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